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Re: CDJ post# 21601

Monday, 05/09/2016 11:47:26 PM

Monday, May 09, 2016 11:47:26 PM

Post# of 46831
Ah touche! Great point, they can raise issues 'de novo' as our google's friend at the CAFC did, so utilizing an amicus argument should be fair game.

I am going through them now, I don't see anything on the constitutionality directly thus far but alot of commentary that alludes to the issues in a similar manner (ie property rights, the argument that an administrative agency can't have rule/law making authority etc), tangential points.

Here's one amicus that addresses one part of the constitutionality issue directly

http://www.scotusblog.com/wp-content/uploads/2016/03/15-446_tsac-Law-Professors-Dolin-et-al.pdf
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